Validity of October’20 Dated invoices without IRN and QR code issued by tax payers covered under Rule 48(4)
Objective and Scope
1. whether the invoices issued with October 2020 date by tax payers who are required to issue invoice as per Rule 48(4) i.e. e-invoice procedure are valid invoices as per law?
2. Is there any special procedure notified by Govt?
3. Whether QR code is mandatory on invoice which are dated Oct’2020 issued by tax payers who are covered under Rule 48(4).
1. Brief note on e-invoice.
GST has notified the class of tax payers who are required to follow the procedure prescribed by GST to report invoice details to IRP (Invoice Reporting Portal) and obtain IRN number. QR code also will be generated on IRP portal while reporting invoice details.
2. QR code requirement as per CGST Rules-2017 (11th amendment)
Till 30th Sep, 2020 GSTN has not notified any requirement of quoting QR code on the tax invoice. On 30th September, 2020 GSTN has issued a notification prescribing 11th amendment to CGST Rules,2017 in which the requirement of QR code has been brought in to the purview by way of insertion of sub rule “r” in Rule -46 of CGST Rule,2017. Which reads as under
“(r) Quick Reference code, having embedded Invoice Reference Number (IRN) in it, in case invoice has been issued in the manner prescribed under sub-rule (4) of rule 48.”.
3. Special procedure prescribed by GSTN
Since e-invoicing procedure is effective from 1st Oct,2020, as a one-time relief GSTN has issued a notification prescribing special procedure for the said class of taxable persons who are covered under Rule-48(4). Special procedure is as follows.
“ G.S.R……(E). – In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the registered persons required to prepare the tax invoice in the manner specified under sub-rule (4) of rule 48 of the Central Goods and Services Tax Rules, 2017, who have prepared tax invoice in a manner other than the said manner, as the class of persons who shall, during the period from the 1st day of October, 2020 to the 31st day of October, 2020, follow the special procedure such that the said persons shall obtain an Invoice Reference Number (IRN) for such invoice by uploading specified particulars in FORM GST INV-01 on the Common Goods and Services Tax Electronic Portal, within thirty days from the date of such invoice, failing which the same shall not be treated as an invoice.”
4. Analysis
Tax payer has the option to avail the special procedure by which he need not issue the invoice in accordance with Rule 48(4) and obtain the IRN from IRP portal with in 30 days from the date of invoice.
And also , Rule 46(r) also emphasizes on mentioning QR code on invoice only if the invoice is issued in accordance with Rule 48(4). If any tax payer is following special procedure then he need not issue invoice in accordance with 48(4). It means no need to mention IRN number and QR code.
5. Conclusion
Invoice that are issued with October ,2020 dated but obtained IRN number by reporting the invoice particulars within 30 days from the date of invoice does not need IRN number and QR code.
Author Bio
Till 30th Sep, 2020 GSTN has not notified any requirement of quoting QR code on the tax invoice. On 30th September, 2020 GSTN has issued a notification prescribing 11th amendment to CGST Rules,2017 in which the requirement of QR code has been brought in to the purview by way of insertion of sub rule “r” in Rule -46 of CGST Rule,2017. Which reads as under
“(r) Quick Reference code, having embedded Invoice Reference Number (IRN) in it, in case invoice has been issued in the manner prescribed under sub-rule (4) of rule 48.”.